Petitio seded by rules made under this section, and subject to any Election amendment thereof by rules so made, have effect, with the necessary modifications, as if made under this section. [The effect of section 21 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. election court 101.-(1.) The remuneration and allowances to be paid to a Expenses of commissioner for his services in respect of the trial of an election petition, and to any officers, clerks, or shorthand writers employed under this Part, shall be fixed by a scale made and varied by the election judges on the rota for the trial of parliamentary election petitions, with the approval of the Treasury. The remuneration and allowances shall be paid in the first instance by the Treasury, and shall be repaid to the Treasury on their certificate, out of the borough fund or borough rate. (2.) But the election court may in its discretion order that such remuneration and allowances, or the expenses incurred by a town clerk for receiving the election court, shall be repaid, wholly or in part, to the Treasury or the town clerk, as the case may be, in the cases, by the persons, and in the manner following (namely): (a.) When in the opinion of the election court a petition is frivolous and vexatious, by the petitioner ; (b.) When in the opinion of the election court a respondent has been personally guilty of corrupt practices at the election, by that respondent. (3.) An order so made for the repayment of any sum by a petitioner or respondent may be enforced as an order for payment of costs; but a deposit made or security given under this Part shall not be applied for any such repayment until all costs and expenses payable by the petitioner or respondent to any party to the petition have been satisfied.* [The effect of section 22 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. pending a invalidatel. 102.- Where a candidate who has been elected to a corporate Acts done office is, by a certificate of an election court or a decision of petition not the High Court, declared not to have been duly elected, acts done by him in execution of the office, before the time when See Additional General Rules, December, 1872, 1-6. Election Provisions as Prohibition of disclosure of vote. the certificate or decision is certified to the town clerk, shall not be invalidated by reason of that declaration. [The effect of section 23 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause). 103.-Where on an election petition the election of any person to a corporate office has been declared void, and no other person has been declared elected in his room, a new election shall be held to supply the vacancy in the same manner as on a casual vacancy; and for the purposes of the election any duties to be performed by a mayor, alderman, or other officer, shall, if he has been declared not elected, be performed by a deputy, or other person who might have acted for him if he had been incapacitated by illness. [The effect of section 24 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. 104.-A person who has voted at a municipal election by ballot shall not in any proceeding to question the election be required to state for whom he has voted. [The effect of section 26 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. PART V.* CORPORATE PROPERTY AND LIABILITIES. Corporate Land. Corporate purchase land &c. 105.-A municipal corporation may contract for the purchase Power to of and hold any land † not exceeding in the whole five acres, for town hall. either in or out of the borough, and thereon, or on any land belonging to or held in trust for the corporation, may build a town hall, council house, justices' room, with or without a police station and cells, or lock-ups, or a quarter and petty sessions house, or an assize court-house, with or without judges' lodgings, or a polling station, or any other building necessary or proper for any purpose of the borough. [The effect of section 40 of 7 Will. 4 and 1 Vict. c. 78 (1837) is preserved in this clause. The authority to build a gaol and house of correction is not repeated, the necessity or power to provide them being removed by the Prisons Act, 40 & 41 Vict. c. 21]. borrow with Treasury. 106. The council may, with the approval of the Treasury, Power to borrow at interest on the security of any corporate land, or of approval of any land proposed to be purchased by the council under this Act, or of the borough fund or borough rate, or of all or any of those securities, such sums as the council from time to time. think requisite for the purchase of land, or for the building of any building which the council are by this Act authorized to build. [The effect of section 8 of 23 & 24 Vict. c. 16 (1860) is preserved by this clause. It was held in the case of the Attorney-General v Corporation of Birmingham (L. R., 3 Eq. 552), that a corporation is lawfully empowered to raise purchase money for land out of the borough fund.] 107.-(1.) Where a municipal corporation has not power to Power to purchase or acquire land, or to hold land in mortmain, the with the * With respect to this Part due regard must be now paid throughout to the words of section 72 of the Local Government (England and Wales) Act, 1888, as follows:After the appointed day (the 1st of April, 1889, or an earlier or later date to suit particular circumstances, as may be decided by the Local Government Board) the Local Government Board shall exercise, as regards any county borough, or other borough, the powers conferred by Part V. of the Municipal Corporations Act, 188, relating to corporate property and liabilities, as respects the approval of loans and of the alienation of property, and other matters therein mentioned, and that Part shall, as respects any transactions commenced after the appointed day, be construed as if "Local Government Board" were throughout that Part substituted for "Treasury." Land cannot, however, be purchased except for the object distinctly specified. By the Statutes of Mortrain corporations are prohibited from purchasing lands in fee. See the Analytical Table of Borrowing Powers on next page. acquire land approval of the Treasury. 104 borrowing powers of municipal corporations: THE GENERAL BORROWING POWERS OF MUNICIPAL CORPORATIONS. [Here may be appropriately introduced a table which shows at a glance the general (a) Secs. 108, 109, 110-236. (b) Secs.110 et seq. and 236. (Animal) Acts (if the rate required thereupon would exceed 6d. in the £) Free Libraries, Museums, and Schools of Local Government Art Harbours and Piers Board of Trade Lunatic Asylums None Magazines for storage of explosives Treasury Local Government Port Sanitary Works executed under the Board None 80 years .. 5 & 6 Vict. c. 98, ss. 9, 10; 11 9 & 10 Vict. c. 74, s. 21; 35 & 88 & 39 Vict. c. 36, s. 22 By the Prisons Act, 40 & 41 Vict. c. 21, local Prison Authorities were relieved on the 1st of April, 1878, and thenceforwards, from the duty of maintaining Prisons, but the outlay involved in their obligation to provide their proportion of prison accommodation, as defined under the Act, may be raised by way of loan. + Applies to all Urban Sanitary Authorities. Applies only to Urban Sanitary Authorities with a population amounting to 25,000 or upwards]. See footnote on preceding page as to substitution of Local Government Board for Treasury. Land. council may, with the approval of the Treasury, purchase or Corporate acquire any land in such manner and on such terms and conditions as the Treasury approve, and the same may be conveyed to and held by the corporation accordingly. (2.) The provisions of the Lands Clauses Consolidation Acts, 1845,* 1860,† and 1869.‡ relating to the purchase of land by agreement, and to agreements for sale, and conveyances, sales, and releases of any lands or hereditaments, or any estate or interest therein by persons under disability, shall extend to all purchases of land under this section. on alienation 108.-(1.) The council shall not, unless authorized by Act Restrictions of Parliament, sell, mortgage, or alienate any corporate land of corporate without the approval of the Treasury. (2.) The council shall not, unless authorized by Act of Parliament, lease or agree to lease any corporate land without the approval of the Treasury,§ except as follows: (a.) They may make a lease or agreement for a lease for a term not exceeding thirty-one years from the date of the lease or agreement, so that there be reserved and made. payable during the whole of the term such clear yearly rent as to the council appears reasonable, without any fine. (b.) They may make a lease or agreement for a lease for a term not exceeding seventy-five years from the date of the lease or agreement, and either at a reserved rent or on a fine, or both, as the council think fit,(i.) Of tenements or hereditaments, the greater part of the yearly value of which, at the date of the lease or agreement, consists of any building or buildings; or (ii.) Of land proper for the erection of any houses or other buildings thereon, with or without gardens, yards, curtilages, or other appurtenances to be used therewith; or (iii.) Where the lessee or intended lessee agrees to erect a building or buildings thereon of greater yearly value The 8 & 9 Vict. c. 18. The 23 & 24 Vict. c. 106. The 32 & 33 Vict. c. 18. The consent of the Lords Commissioners of the Treasury (now the Local Govern ment Board) to the alienation of the property of a corporation required by 94th section of the Municipal Corporations Act is sufficiently signified by a letter signed by their secretary. Such consent can authorise no alienation or charge of the corporate property further than is specified in the memorial on which it is founded-Arnold v. Mayor and Corporation of Gravesend (25 L. J., Eq. 776). land without approval of Treasury. |